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04-23-2012 Minutes1 1 L0 Z w u) N C O U 112-0085 CITY OF SALINA, KANSAS REGULAR MEETING OF THE BOARD OF COMMISSIONERS April 23, 2012 4:00 p.m. The City Commission convened at 3:45 p.m. in a Study Session for a Citizens Forum. The Regular Meeting of the Board of Commissioners was called to order at 4:00 p.m. in Room 107, City -County Building. A roll call was taken followed by the Pledge of Allegiance and a moment of silence. There were present: Mayor Norman M. Jennings, Presiding Officer Commissioner Samantha P. Angell Commissioner Kaye J. Crawford Commissioner Aaron Householter Commissioner Barb Shirley comprising a quorum of the Board, also present: Jason A. Gage, City Manager Greg Bengtson, City Attorney Lieu Ann Elsey, City Clerk CITIZEN FORUM Robert Nowlin, Kansas Policy Council, 2250 N. Rock Road, Wichita, KS, asked to present the Commission with a petition of signatures that were collected opposing the Chapter 13 amendments. Hugh Irvin, 1127 E. Ellsworth, asked when was the frequently asked question regarding the Chapter 13 amendments were going to be posted to the City's website. AWARDS AND PROCLAMATIONS (4.1) The week of April 23 - 27, 2012 as National Work Zone Awareness Week" in the city of Salina. Kent Johnson, City of Salina Civil Engineer II, read the proclamation and announced upcoming events. (4.2) The day of May 3, 2012 as "A Day of Prayer" in the city of Salina. Roberta Huseman, read the proclamation and announced upcoming events. (4.3) The day of April 27, 2012 as "Arbor Day" in the city of Salina. Jerry Holtz, Tree Advisory Board Chair, read the proclamation and announced upcoming events. PUBLIC HEARINGS AND ITEMS SCHEDULED FOR A CERTAIN TIME (5.1) Public hearing on the 2011 special assessment projects. (5.1a) Second reading Ordinance No. 12-10633. Mayor Jennings opened the public hearing. Dan Stack, City Engineer, explained the final costs and the assessment process. There being no further comments the public hearing was closed. Moved by Commissioner Angell, seconded by Commissioner Householter, to adopt Ordinance No. 12-10633 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. (5.2) Public hearing and report on Petition No. 4343 (filed by Dylan and Teri Perney) requesting vacation of the South 50 feet of the 70 foot platted right-of-way of Kansas Avenue abutting Lot 5 in Surveyor's Plat N. 12 and Lot 10, Block 11 in Oakdale Addition. (Public hearing was continued from the April 2, 2012 meeting.) Mayor Jennings opened the public hearing. Page 1 1 12-0086 12-0087 12-0088 Dean Andrew, Director of Planning, explained the request and the petitioner has asked that the request be withdrawn. He continued to explain that the petitioner did however request that more ground surfacing be placed in the area. There being no further comments the public hearing was closed. Mayor Jennings noted that the petition was withdrawn. CONSENT AGENDA (6.1) Approve the minutes. of April 16, 2012. (6.2) Resolution No. 12-6899 expressing gratitude and appreciation to Peggy A. Guard for her employment with the City of Salina from October 3, 1979 to April 30, 2012. (6.3) Authorize Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Kansas Public Water Supply Loan Fund (KPWSLF) Services for Phase I - Downtown Wellfield Improvements, Project No. 10-2840. (6.4) Authorize an Engineering Services Agreement with HDR Engineering, Inc. for Long Term 2 Enhanced Surface Water Treatment Rule Feasibility Study with a not -to - exceed amount of $24,800. Moved by Commissioner Householter, seconded by Commissioner Shirley, to approve the consent agenda as presented. Aye: (5). Nay: (0). Motion carried. DEVELOPMENT BUSINESS None. ADMINISTRATION (8.1) Second reading Ordinance No. 12-10635 amending Chapter 41, Article II, Division I, Sections 41-28 and 41-29 of the Salina Code pertaining to water taps and charges and maintenance of service lines. Mayor Jennings noted that Ordinance No. 12-10635 was passed on first reading on April 16, 2012 and since that time no comments have been received. Moved by Commissioner Shirley, seconded by Commissioner Angell, to adopt Ordinance No. 12-10635 on second reading. A roll call vote was taken. Aye: (5) Angell, Crawford, Householter, Shirley, Jennings. Nay: (0). Motion carried. (8.2) Award of contact for the State Street Guardrail Replacement, Project No. 09-2785. Dan Stack, City Engineer, explained the project, the bid received, and project funding. Mr. Stack then responded to Commissioner Angell's question regarding the number of bids received and contractors contacted. A discussion followed between Commissioner Crawford, Commissioner Householter and Mr. Stack regarding the unit costs. Mr. Stack then responded to City Manager Jason Gage's questions regarding guard rail and culvert ratings. A discussion followed between Mr. Stack, Mr. Gage, Kent Johnson, Civil Engineer, and Commissioner Angell regarding the condition of the railing, when it is required and structural ratings. Moved by Commissioner Angell to award of contact for the State Street Guardrail Replacement, Project No. 09-2785 to Smoky Hill, LLC. in the amount of $71,900 plus a 3% construction contingency. Motion died due to lack of a second. Further discussions followed between the Commission and staff regarding the urgency of the project, City's liability if not repaired, and combining the project with a future County project. The Commission asked the project be further reviewed and be brought back. No formal action was taken. Page 2 (8.3) Resolution No. 12-6901 adopting the Section 3 Plan to comply with 24 CFR, Part 135 of the U.S. Department of Housing and Urban Development (HUD). Gary Hobbie, Director of Development Services, explained the grant and the plan. A discussion followed between Commissioner Angell, Mr. Hobbie, City Manager W Jason Gage, Commissioner Crawford, Commissioner Householter, Deputy City Manager Michael Schrage, and Mayor Jennings on the requirement for contractors to employ people based on income levels, equal opportunity, use of seasonal workers, and resident hiring. 12-00089 Moved by Commissioner Householter, seconded by Commissioner Crawford, to adopt Resolution No. 12-6901. Aye: (5). Nay: (0). Motion carried. (8.4) Mayor board appointments. Mayor Jennings announced the following appointments: Mayor Tennings: Economic Development Executive Committee, Chamber of Commerce Board, Salina Economic Development Incentives Council, and Library Board. Commissioner Angell: Convention and Tourism Committee, Salina Airport Authority, and Salina -Saline County. Building Authority. Commissioner Crawford: Board of Health and Salina -Saline County Building Authority. Commissioner Householter: Board of Health and North Central Regional Planning Commission. Commissioner Shirley: Arts and Humanities Commission and Salina Housing Authority. 12-0090 Moved by Commissioner Householter, seconded by Commissioner Shirley, to accept the appointments as read. Aye: (5). Nay: (0). Motion carried. (8.5) Request for executive session (trade secrets/ legal). 12-0091 Moved by Commissioner Shirley, seconded by Commissioner Householter, to recess into executive session for 45 minutes to discuss with legal counsel matters subject to the attorney-client privilege for the reason that public discussion of those matters would waive the privilege and adversely affect the City's interest in the matters and to discuss confidential data relating to the financial affairs and trade secrets of a corporation for the reason that public discussion -of the information would competitively disadvantage the corporation and reconvene at 5:35 p.m. Aye: (5). Nay: (0). Motion carried. The City Commission paused for a five minute break at 6:00 p.m. and reconvened into the executive session until 6:51 p.m. No action was taken. OTHER BUSINESS None. ADJOURNMENT 12-0092 Moved by Commissioner Shirley, seconded by Commissioner Householter, that the regular meeting of the Board of City Commissioners be adjourned. Aye: (5). Nay: (0). Motion carried. The meeting adjourned at 6:51 p.m. [SEAL] Norman M. Jennings, Mayor ATTEST: Lieu Ann Elsey, CM ity Clerk Page 3